After fletcherizing this yarn we came to a very sad conclusion the Chief Justice not truthful. And, moreover he is posing a real threat to judicial independence from the invidious executive interference... What hurts most, he is parlaying the judicial gavel to undermine not only the oath he took but the sanctity of the office he waves his magic wand...
Our beef with judicial appointments has always been lack of transparency and competitive process. It is also mind-boggling to even contemplate that when the appointer is a Muslim most juicy jobs go to Muslims, and vice versa is equally veritable. For a reason which remains esoteric all of sudden it is they who have qualifications. Non Muslims all of sudden they are unqualified. Only Muslims know the intricacies of the judiciary and they are thoroughly versed with the "doctrine of separation of powers". Other contenders were spurned because on those critical areas of knowledge were dumb, and this is why they got a SNUB on their faces... had Mwendazake been around the opposite would have been canvassed, justified and upheld as the gospel truth! Regrettably, we are a witness to Mwinyi Sr. & JK reigns dejavu...times gonna be tough for Christians in the public service until mama retires, it seems....however, there will be dollops of fake love placating Christians just to obfuscate the ulterior motives of the new boss in town which is to address what she perceives as rampant injustices inflicted against Muslims since colonial times despite the fact that Muslims loved Madras more than western education...so the religious injustices were self imposed and to pass the blame to the innocent is simply preposterous!
Two top judicial appointments all have favoured one religious affiliation related to the appointer just to insult our collective intelligence the ChiefJustice flaunts merits!!!!!. And, when a Christian thumbs up miscarriage of justice you have to wonder whether he is what God accurses as a "lukewarm Christian [emoji3583]" Didn't God say He knows those who call themselves Christians but aren't Christians.... except they are a Synagogue of Satan? It is obvious without further need of concrete evidence we may have one: a bellyworshipper..
Are SDA really Christians or are they not Muslims by default? Look at their names: Juma, for example, is not a Christian Yclept....
Horrifyingly, the findings of the Warioba constitutional commission included the appointment powers of the president be clipped but the Warioba sellout was very hypocritical and had committed perfidy when those powers were left intact in the commission's illegal constitutional draft proposals. Starved of an independent judicial appointments body to advertise, conduct a rigorous interviewing and vetting process as a result the judiciary has been condemned into an executive puppet, and it deeply worries when we witness the Chief Justice is a key plank to undermine and condone the insubordination of constitutional imperatives of the independence of judiciary just to get his personal bread buttered both sides...
Is he not Judas Iskariot?
We thinks not....
OUR concern is not really religious favouritism but an opaque judicial appointments process which yields such weird appointments. CCM is transfixed to shape the judiciary in its own image and values in order to capture and preserve its own strategic interests which include a preservation of NEC in its hitherto structure and modus operandi as an ultimate body to massively and perpetually rig them back to power whenever an occasion demands. The electorate have been divorced from choosing leaders of their own preference! Little surprise a police state is hatched to ensure the electorate will never rebel and run amok the dicey circumstances nurtured in injustices.
CCM stay in power overwhelmingly depends on an ironclad control of the instruments of power which the judiciary is such a pivotal force to swat away any attempt to address electoral injustices. And, having a president who never shies away from enmeshing herself in controversies is a two edged sword. We know she despises the power of the voters when she was candid enough when she conceded "...hata msipotuchagua tutaunda serikali.....uongozi wangu ni wa carrot and stick...." The less we dilate on those two statements the better for everybody. Evidently, her management style will be to compromise meritocracy in order to promote total loyalty to her parochial interests.
Of all the instruments of power, CCM consider the Court of Appeal as the most important institution to keep them in power. This narrates why CCM sympathisers within the judiciary are the ones who are rewarded, and those who are not never get the green light to sit and decide cases at the highest Court of the land.
No wonder the Appeals Court sees no evil when electoral laws undress NEC from her constitutional mandate to manage elections and that power is handed back to the CCM president through his proxies called DEDs. DEDs on behalf of their appointer declare elections in favour of CCM notwithstanding what voters had decided. All this happens because the Court of Appeal is and will always be an accomplice of electoral injustices against the people of TZ so long as the presidential powers of judicial appointments are wide, unchecked ....and are wantonly abused.
OUR TAKE
What unifies CCM and the judiciary is not religious affiliations as we earlier explored but symbiotic association interests are the ones gluing them together. A Muslim not siding with CCM is unlikely to be patted on the back because of his religion but if he bows down to the "maintenance of the status quo" interests of the authorities through "churning out" executive appeasing rulings, abinitio.